Ishwar Prasad G. Khandelwal v. The State Of Maharashtra And ORS

CRPIL. 37-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 37 OF 2015 Ishwar Prasad G. Khandelwal ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** The Petitioner, in person - Present.

Mr. S. K. Shinde, PP a/w J. P. Yagnik, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & P. R. BORA, JJ.

DATE : FEBRUARY 17, 2017 PC.

1.

This criminal is filed by one of the complainants, being aggrieved by the "B" summary and "C" summary reports filed by the investigating agency. It is submitted that in one of the complaints, the Petitioner is a complainant, whereas in other complaints, the complainants are different. In our view, the Petitioner can challenge said reports in a writ petition, and not by way of PIL. We, therefore, convert this criminal PIL into a criminal writ petition. The matter to be 1 / 2

CRPIL. 37-15 placed before an appropriate Bench.

2.

The other complainants, who are aggrieved by the "B" and "C" summary reports, can very well approach this Court by filing writ petition. The PIL can be entertained only in cases where the persons or a class of persons who are unable to approach this Court. The other two complainants can very well file criminal writ petitions, if they are aggrieved by the "B" and "C" summary reports of the investigating agency. They also have an alternate remedy of filing protest petition before the Magistrate against the said "B" and "C" summary reports and the Magistrate can pass an appropriate order and decide whether said "B" and "C" summary reports submitted can be accepted or not.

3.

Upon converting this criminal PIL into writ petition, matter to be placed before an appropriate Bench. Sd/- Sd/- [P. R. BORA, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2